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What should you do if you're denied Social Security Disability?

If your application for Social Security Disability (SSD) benefits such as Supplemental Security Income (SSI) has been denied, then know that you're not alone. Many applicants have their requests for benefits rejected at first pass. Some individuals have their applications denied multiple times. There are ways that you can appeal the Social Security Administration's (SSA's) decision though.

One option available to you is to simply request a reconsideration of your file. You may want to review your application before doing this. You may want to check and see if any information is missing or if there's something that could be improved upon.

Your case will be assigned to a new reviewer who will hopefully see something that the previous one didn't.

The second option for appealing a denied SSD application is to request a hearing in front of an administrative law judge. This is generally held at a facility within 75 miles from your home. The case will review your file for the first time when you appear in front of them at the hearing.

A third option for appealing your SSD denial is to request a review by the Appeals Council. This body generally handles cases that were mishandled by administrative judges. Prospective recipients may ask the Appeals Council to step in and assess their application for benefits if they can prove that the court failed to uphold Social Security regulations or laws.

Applicants who are in disagreement with the Appeals Council's decision may appeal the case to the federal courts. Whether an applicant will be allowed to move forward in suing the SSA for a denial of benefits is ultimately a decision that only a federal judge is entitled to make.

Many individuals who have illnesses or injuries that prevent them from working apply for SSD. These people often wait a long time to hear back if their request for benefits is going to be approved. Some individuals' health gets worse as they wait for answers.

An attorney here in Charlotte can help you compile the right information necessary to get your application approved the first time. Your North Carolina lawyer can also make sure that you file your appeal within the statutory 60 days from the time of your denial.

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